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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of May 15, 2015 No. UP-4725

About measures for ensuring reliable protection of private property, small business and private entrepreneurship, removal of barriers to their accelerated development

(as amended on 30-04-2021)

For the purpose of cardinal increase in role and the place of private property in economy of the republic, liquidation of barriers and restrictions for ways of development of private property and private entrepreneurship, reducing the state presence at economy, the consecutive growth of share of private property in gross domestic product, including with participation of the foreign capital:

1. Approve the Program of measures for ensuring reliable protection of private property, small business and private entrepreneurship, removal of barriers to their accelerated development, according to appendix *, directed on:

increase in responsibility, up to criminal, officials of the state, law enforcement and monitoring bodies for hindrance and illegal intervention in business activity, violation of the rights of private owners;

strengthening of guarantees of protection of private property, continuation of process of liberalization of the administrative and penal legislation regulating business activity;

further simplification of all types of registration, allowing and licensed procedures, and also the procedures connected with implementation of foreign economic activity;

creation of necessary conditions and opportunities for the accelerated development of private property and private entrepreneurship, expansion of their access to material and credit resources, improvements of business environment.

Confer the personal responsibility for timely and high-quality implementation of actions, the measures included in the Program, on heads of the relevant ministries, departments, judicial, law enforcement and monitoring bodies - executives in charge, public authorities on places.

2. Establish since July 1, 2015 procedure according to which:

checks of activities of business entities by law enforcement agencies in connection with the brought criminal cases are performed with obligatory participation of the lawyers involved with business entities (except as specified refusal of this right from business entity);

criminal case is not brought and person who for the first time committed crime, stipulated in Article 184 UK the Republic of Uzbekistan is exempted from liability (tax avoidance or other obligatory payments) if it completely indemnified damage caused to the state, paid penalty fee and other types of financial sanctions within 30 days after detection of crime.

3. To the Prosecutor General's Office of the Republic of Uzbekistan:

strengthen supervision of strict execution of the legislation on guarantees of freedom of business activity and practical implementation of accepted standards, having provided inevitability of responsibility, up to criminal, officials of the controlling, law enforcement and authorized state bodies for violations of the rights and legitimate interests of subjects of entrepreneurship;

together with the Ministry of development of information technologies and communications of the Republic of Uzbekistan till July 1, 2015 to create based on the operating Single call center JSC Uzbektelekom and "telephone hotline" of the Prosecutor General's Office system of the round-the-clock acceptance of addresses of subjects of small business and private entrepreneurship concerning unreasonable intervention of the state, law enforcement and monitoring bodies in their activities, hindrance of business activity and violation of the rights of owners, with acceptance of stipulated by the legislation corrective actions concerning persons guilty of violation of the law about guarantees of freedom of business activity.

4. Determine that:

economic courts are granted the right to stop execution of the decision of the monitoring body appealed from the subject of entrepreneurship for consideration of the corresponding claim;

withdrawal of property of subjects of entrepreneurship in connection with violation of the tax and customs legislation by them is performed exclusively by a court decision;

collection of the additionally accrued customs payments on which there is objection from the subject of entrepreneurship is made according to the decision of economic court.

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